Mail on Sunday battles injunction

The Mail on Sunday has taken the next step in its legal battle to publish a story involving a former palace servant, by giving notice that it will return to court to try to overturn an injunction preventing the publication of material obtained by the newspaper.

The material was due to be published in the newspaper on Sunday, but was withheld after the servant obtained a court order on Saturday afternoon.

"Our lawyers have given notice of our intention to apply to the court on Friday to challenge the terms of the injunction against us," said the Mail on Sunday editor, Peter Wright.

It was believed to be the first time a former royal servant has obtained an injunction against a national newspaper.

The paper alleged a senior royal had also written to it, demanding the story did not appear.

According to its front-page story, the Mail on Sunday planned to publish a 3,000-word account based on lengthy interviews with a second former royal servant, whose claims were backed up by a sworn affidavit.

The contents of the material were outlined to royal officials on Friday night and at 10.15am on Saturday, lawyers acting for the first former royal servant informed the paper of their intention to seek an injunction.

Following a three-hour high court hearing, which started at midday on Saturday, where the Mail on Sunday was represented by Richard Rampton QC, the judge, Mr Justice Mackinnon, made an order preventing publication of any details of the story.

It has been reported the Mail on Sunday was prevented from publishing the material on the grounds that it was libellous.

The Guardian is currently challenging a second injunction in the high court which prevents it from naming the former palace servant who brought the injunction against the Mail on Sunday.

The hearing began yesterday and is expected to continue all day.

Journalists and members of the public were yesterday asked to leave courtroom 14 at the high court, after the judge, Mr Justice Tugendhat, agreed that Desmond Browne QC, representing the former royal servant, could begin his application for the injunction against the Guardian to be continued in private.

However, Mr Justice Tugendhat said he was reluctant for the whole hearing to be in private because of the right to freedom of expression, and it is expected the legal arguments will be heard in open court later today.